Library Bulletin

Victorian Court of Appeal

Insurance

O'Connell v Lentelle Pty Ltd (in liq) [2026] VSCA 76 (Opens in a new tab/window)

Emerton P and Donaghue JA and M Osborne AJA
29 April 2026
Catchwords

INSURANCE - Application for leave to appeal - Claim for damages against respondent plumbers for defective plumbing works - Applicant sought joinder of insurers as respondents to make direct claim against them - Interpretation of Licensed Plumbers General Insurance Order 2002 made under the Building Act 1993 - Ministerial Order requires plumbers to take out insurance cover in specified categories and amounts to be eligible to be licensed under Part 12A of the Building Act 1993 - Respondent plumbers did not refuse to make a claim against insurers - Conditions governing entitlement to bring a direct claim against insurers not satisfied - Insurance policies not 'junk insurance' - Insurers' liability conditional upon establishment of liability against the insured - No liability for loss and damage as a result of defective plumbing works yet established - No error in refusal to join insurers - No real prospect of success on any proposed ground - Application for leave to appeal dismissed.

Industrial law

EnergyAustralia Yallourn Pty Ltd v CoInvest Ltd [2026] VSCA 80 (Opens in a new tab/window)

Emerton P and McLeish and Richards JJA
05 May 2026
Catchwords

INDUSTRIAL LAW - Portable long service leave scheme in construction industry provided by Construction Industry Long Service Leave Fund - Employer liable to pay long service leave charge in respect of a worker employed to perform construction work in the construction industry - Meaning of 'construction work' and 'construction industry' as defined in the Rules of the Fund - Whether 'substantial character' test to be applied to determine whether applicant employer is 'in the construction industry' - Determination to be made by reference to the definitions of 'construction work' and 'construction industry' in the Rules - Applicant in the construction industry - Exception for 'construction work' comprising 'maintenance or repairs of a routine or minor nature' for an employer not engaged substantially in the construction industry - Applicant substantially engaged in the construction industry - Meaning of maintenance or repairs 'of a routine or minor nature' - Maintenance or repair work undertaken for applicant not routine or minor - Application for leave to appeal granted - Appeal dismissed.

Criminal law

Cartledge v The King [2026] VSCA 81 (Opens in a new tab/window)

Emerton P and Beach JA
06 May 2026
Catchwords

CRIMINAL LAW - Election to renew application for leave to appeal sentence and application for extension of time - Plea of guilty to aggravated burglary, conduct endangering persons, sexual assault, attempted rape and unlawful assault - Single judge of Court of Appeal previously refused extension of time on basis that proposed grounds of appeal had no merit - Where applicant unable to identify any significant matter overlooked or misunderstood by single judge - Considerable weight to be given to detailed reasons of single judge - Very serious offending - Proposed grounds of appeal without merit - Application for extension of time refused.

Cini v The King [2026] VSCA 86 (Opens in a new tab/window)

Walker and Kaye JJA
08 May 2026
Catchwords

CRIMINAL LAW - Sentence - Application for extension of time in which to file a notice of appeal - Applicant pleaded guilty to aggravated burglary, theft and possession of drug of dependence - Total effective sentence of 5 years and six months' imprisonment - Whether sentence manifestly excessive - Applicant was involved in a plan, with two others, to steal money from a hotel by staging an 'armed robbery' - Applicant played the role of the armed robber - Co-offenders posed as a fake victim and assisted applicant to gain entry to hotel after hours - Total of $321,990 stolen and $27,000 ultimately recovered - Applicant submitted he was not involved in planning to a significant degree - Whether sufficient weight given to guilty plea - Whether Verdins limbs 5 and 6 correctly applied given applicant's deterioration in custody - Whether sentence for theft outside of the available range - Proposed ground of appeal has no real prospect of success - Application refused.

Cvetanovski v The King [2026] VSCA 83 (Opens in a new tab/window)

Emerton P and Beach JA
06 May 2026
Catchwords

CRIMINAL LAW - Application for leave to appeal against 2011 convictions for obtaining financial advantage by deception (3 charges) and attempting to obtain financial advantage by deception (1 charge) - Application for leave to appeal filed in 2017 - Application containing 23 proposed grounds of appeal - Extension of time granted in respect of proposed ground of appeal relating to Lawyer X, but refused in respect of remaining 22 proposed grounds - Applicant failing to comply with orders requiring filing and service of amended written case.

DPP v Tawdros [2026] VSCA 74 (Opens in a new tab/window)

Emerton P and McLeish and Walker JJA
28 April 2026
Catchwords

CRIMINAL LAW - Appeal - Sentence - Crown appeal - Plea of guilty to three charges of negligently causing serious injury by driving - Whether individual sentences, orders for cumulation and non-parole period manifestly inadequate - Respondent driving under influence of alcohol and cocaine - Respondent sped, ran a red light, failed to ensure that passengers were wearing seat belts - Three passengers suffered serious injury - Serious example of offending - Where respondent otherwise of good character - Where respondent had deep and profound remorse and excellent prospects of rehabilitation - Where sentencing judge considered degree of mercy appropriate - Verdins limbs 5 and 6 enlivened - General deterrence and denunciation most important considerations in light of nature and gravity of offending - Wide range of sentences available for negligently causing serious injury by driving - Base sentence of 3 years and 3 months very lenient but not wholly outside range - Individual sentences of 2 years 1 month and 1 year 6 months manifestly inadequate - Appeal allowed - No exercise of residual discretion - Sentences on charges 2 and 3 set aside - Applicant resentenced on charges 2 and 3 to 3 years and 2 years 9 months respectively - Resentenced to total effective sentence of 5 years with 2 years 6 months non-parole.

Garas v The King [2026] VSCA 78 (Opens in a new tab/window)

McLeish and Kaye JJA
30 April 2026
Catchwords

CRIMINAL LAW - Appeal - Sentence - Applicant pleaded guilty to charges of recklessly exposing emergency worker to risk by driving, possession of drug of dependence, and related summary offences - Sentenced to 2 years and 6 months' imprisonment with 18 months' cumulation on existing sentence for unrelated offending - Applicant struck police officer with car door while reversing car - Police officer dragged under car door for several metres - Applicant failed to render assistance to police officer - Whether Judge failed to give appropriate weight to principle of totality when sentencing applicant - Objectively serious offending - Extensive criminal history - Applicant on bail at time of offending - Application for leave to appeal refused.

Gioffre v The King [2026] VSCA 87 (Opens in a new tab/window)

Walker and Kaye JJA
08 May 2026
Catchwords

CRIMINAL LAW - Appeal - Sentence - Application for leave to appeal against sentence - Applicant pleaded guilty to trafficking drug of dependence in commercial quantity, possessing firearm, possessing drug of dependence, knowingly dealing with proceeds of crime, and related summary offending - Sentenced to 13 years and 6 months' imprisonment with non-parole period of 10 years and 6 months - Police seized significant quantity of drugs, firearm and related paraphernalia from applicant's residence - Principle of totality - Total effective sentence wholly outside available range - Application for leave to appeal granted - Appeal allowed - Applicant re-sentenced.

Joyce v The King [2026] VSCA 88 (Opens in a new tab/window)

Walker and Kaye JJA
08 May 2026
Catchwords

CRIMINAL LAW - Appeal - Sentence - Application for leave to appeal against sentence - Applicant pleaded guilty to charges of aggravated burglary, threat to inflict serious injury, theft, damaging property and related summary offending - Aggregate sentence - Applicant sentenced to 12 months' imprisonment and community correction order of 24 months - Whether judge erred in imposing aggregate sentence - Offending occurred within short period of time - Offending connected with theft of property - Open to judge to impose aggregate sentence in circumstances - Application for leave to appeal granted - Appeal dismissed.

Spencer (a pseudonym) v The King [2026] VSCA 82 (Opens in a new tab/window)

McLeish and Kaye JJA and Incerti AJA
06 May 2026
Catchwords

CRIMINAL LAW - Interlocutory appeal - Review of refusal to certify - Applicant charged with eight counts of rape, one count of false imprisonment, one count of common assault, one count of sexual assault and one count of sexual assault by compelling sexual touching - Judge granted application to cross-examine complainant on sexual activities under s 342 of Criminal Procedure Act 2009 but not to show related photos or videos to complainant - Judge ruled showing photos and videos to complainant unduly humiliating under s 41 of Evidence Act 2008 - Photos and videos ruled inadmissible - Judge stated parties not free to agree description of photo and videos - Judge refused to certify interlocutory decision under s 295(3)(b) of Criminal Procedure Act 2009 - Whether judge erred in refusing to certify - Whether one or three interlocutory decisions - Whether decision concerning admissibility of evidence - Hameed (a pseudonym) v The King [2026] VSCA 48 - Application for review of refusal to certify dismissed.

Tsalkos v The King [2026] VSCA 84 (Opens in a new tab/window)

Emerton P and Boyce JA
06 May 2026
Catchwords

CRIMINAL LAW - Sentence - Application for leave to appeal - Historical offending - Charges of kidnapping, aggravated rape, and gross indecency with person under 16 - Applicant sentenced to 13 years and 6 months' imprisonment - Non-parole period of 8 years and 2 months - Whether sentences and non-parole period manifestly excessive - Imposition of sentence of present magnitude unlikely around the time of offending - Risk of double punishment - Leave to appeal granted - Appeal allowed - Applicant resentenced.

Villagran v The King [2026] VSCA 85 (Opens in a new tab/window)

Emerton P and Donaghue and T Forrest JJA
07 May 2026
Catchwords

CRIMINAL LAW - Appeal - Sentence - Applicant pleaded guilty to rape, common law assault and persistent FVIO contravention - Where rape occurred with honest but unreasonable belief in consent - Imprisonment sentence of 8 years on rape charge - Total effective sentence of 9 years and 3 months - Non-parole period of 5 years and 6 months - Whether judged failed to properly assess objective seriousness and moral culpability of rape - Whether sentence manifestly excessive - Rape objectively less serious where honest albeit unreasonable belief in consent - Lower moral culpability - Lower than middle range seriousness - Crown concession - Early guilty plea - Lack of prior sexual offending - Positive steps towards rehabilitation - Leave to appeal granted - Appeal allowed - Resentenced to 5 years and 6 months on rape charge - Total effective sentence of 6 years and 9 months.

Administrative law

Capel Sound Foreshores Committee of Management v Emeritus Professor Malcolm Sim [2026] VSCA 77 (Opens in a new tab/window)

Niall CJ and Beach and Richards JJA
30 April 2026
Catchwords

ADMINISTRATIVE LAW - Judicial Review - Medical Panel - Jurisdictional error - Determination by a Medical Panel of a medical question referred under Part VBA of the Wrongs Act 1958 - Medical Panel's determination that claimant's degree of impairment satisfied threshold level for 'significant injury' - Whether Medical Panel's determination 'in accordance with' the American Medical Association's Guides to the Evaluation of Permanent Impairment - Whether Section 3.2 of the Guides permitted impairments assessed under Sections 3.2d and 3.2k to be combined - Application for leave to appeal refused.

Supreme Court of Victoria Commercial Court

Contract

Zhang v Zhao (No 4) [2026] VSC 241 (Opens in a new tab/window)

Delany J
29 April 2026
Catchwords

CONTRACT - Alleged contract pursuant to which first defendant agreed to act as first plaintiff's agent and invest USD $12,979,155.10 in Australia on his behalf and would, subject to any profits being made, be paid a yearly salary out of such profits - Alleged contract partly oral and partly to be implied - Parties to alleged contract in an intimate relationship - Contract not proved.

Costs

Re Gemwood Projects Pty Ltd (in liq) (No 2) [2026] VSC 269 (Opens in a new tab/window)

Croft J
08 May 2026
Catchwords

COSTS - Indemnity costs - Apportionment of costs on issue-by-issue basis - Where plaintiff Liquidator breached paramount duty and overarching obligations under *Civil Procedure Act *2010 - Where Calderbank offer made - Colgate Palmolive Co & Anor v Cussons Pty Ltd (1993) 46 FCR 225, 232-234 - Yarra Australia Ltd v Oswal (2013) 41 VR 302, [20]-[21], applied- Actrol Parts Pty Ltd v Coppi (No 3) (2015) 49 VR 573, [111]-[112], applied - Gadsden v Mackinnon (Liquidator), in the matter of Allibi Pty Ltd (in liq) (No 2) [2023] FCA 706 - Supreme Court Act 1986, s 24 - Supreme Court (General Civil Procedure) Rules 2025, ord 63 - Indemnity costs ordered as to whole proceeding - No apportionment of costs.

Appeal

Morton Drive Pty Ltd v Eastwood Retirement Pty Ltd (Appeal) [2026] VSC 243 (Opens in a new tab/window)

Matthews J
04 May 2026
Catchwords

APPEAL - Appeal from decision of an Associate Judge to disentitle a trustee from relying on any right of indemnity against trust assets for payment or recoupment of costs ordered to be paid to successful beneficiaries or for its own costs - Plaintiffs were beneficiaries of a unit trust obtained orders following trial for production to them of specified trust documents - Plaintiffs obtained costs order in their favour upon succeeding at trial - Plaintiffs applied for orders that the trustee be deprived of recourse to the indemnity - Trial judge granted that application - Appeal proceeds by way of rehearing - Decision under appeal does not involve an exercise of discretion - Proper test is whether the expenses were properly incurred in the administration of the trust - Properly incurred means reasonably and honestly incurred - Relevant error established to enliven appellate power - Trustee did not act unreasonably in defending the plaintiffs' application for production of trust documents - Appeal granted - Re Beddoe; Downes v Cottam [1893] 1 Ch 547 - Adsett v Berlouis (1992) 37 FCR 201 - Re Howden; Howden v Rackstraw [2020] VSC 315 - Wadren Pty Ltd v AIG Australia Limited [2024] VSC 807 - Rangelea Holdings Pty Ltd v Adnyamathanha Traditional Lands Association [2025] SASCA 32 - Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 77.06.

Guarantee

Monland Pty Ltd v Oman [2026] VSC 240 (Opens in a new tab/window)

Waller J
30 April 2026
Catchwords

GUARANTEE - Personal guarantee - Borrower in liquidation - Guarantor's liability for shortfall - Guarantor does not dispute execution of guarantee or existence of shortfall - Sole defence based on oral representations alleged to have been made by lender's principal that lender would not pursue guarantor personally - Representations found not to have been made - Judgment entered for lender.

Freezing orders

Li v Liang & Ors [2026] VSC 256 (Opens in a new tab/window)

Connock J
30 April 2026
Catchwords

FREEZING ORDERS - Freezing orders general principles - Supreme Court (General Civil Procedure) Rules 2025 (Vic) Ord 37A - Ancillary orders general principles - Exceptions and carve-outs to freezing orders - Application for discharge or variation of freezing orders - Application for variation of freezing orders to allow for legal expenses and purchase of real property for a residence - Application to cross-examine - Principles regarding cross-examination on disclosure affidavits - Relevance of alternative source of funds - Freezing orders.

Corporations

In the matter of Gaage Developments Pty Ltd (in liq) [2026] VSC 231 (Opens in a new tab/window)

Nichols J
23 April 2026
Catchwords

CORPORATIONS - Winding up - Proof of debt - Appeal against liquidator's rejection of proof of debt - Urgent interlocutory application for an injunction restraining the liquidator from convening a creditor's meeting pending the determination of the appeal - Corporations Act 2001 (Cth) - Schedule 2 (Insolvency Practice Schedule (Corporations)) to the Corporations Act 2001 (Cth) - Corporations Regulations 2001 (Cth) - Insolvency Practice Rules (Corporations) 2016 - ABC v O'Neill (2006) 227 CLR 57 - Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 - Metal Manufactures Pty Ltd v Morton (2023) 275 CLR 100 - Selim v McGrath (2003) 177 FLR 85 - Re Eliana Construction and Developing Group Pty Ltd [2023] VSC 639 - Bradto Pty Ltd v State of Victoria (2006) 15 VR 65 - El-Saafin & Anor v Franke & Ors (No 3) [2019] VSC 155 - Ilhan v Cvitanovic [2009] NSWSC 479 - Serious question to be tried, damages would not be an adequate remedy, and the balance of convenience favours the plaintiff - No prejudice to body of creditors - Injunction granted.

Zhou v Australian Securities and Investments Commission [2026] VSC 236 (Opens in a new tab/window)

Fary AsJ
27 April 2026
Catchwords

CORPORATIONS - Application for extension of time - Application for orders to fix date of director's cessation from company - Corporations Act 2001 (Cth), s 203AA - Where liquidator neither consents to nor opposes application - Whether time for making of application should be extended - Found just and equitable in circumstances to extend time - Relief as sought, granted.

Practice and procedure

AMP Bank Limited v Abudahou [2026] VSC 229 (Opens in a new tab/window)

Gobbo AsJ
28 April 2026
Catchwords

PRACTICE AND PROCEDURE - Summary judgment - Plaintiff seeks summary judgment against defendants - Whether defendants have real prospect of success on their defence and counterclaim - Plaintiff's cause of action made out - Defendants' defence and counterclaim has no real prospect of success - Civil Procedure Act (2010) (Vic), ss 61 and 63 - Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd (2013) 42 VR 27.

Natch v Stennson Pty Ltd [2026] VSC 257 (Opens in a new tab/window)

Steffensen AsJ
04 May 2026
Catchwords

PRACTICE AND PROCEDURE - Abuse of process - Whether the claim in this proceeding is substantially the same in subject matter as earlier claim discontinued in another jurisdiction - Where discontinuance was during trial and conditional on payment of costs which remain unpaid - Whether this proceeding was begun for the improper collateral purpose of avoiding bankruptcy - Proceeding is an abuse of process - Whether permanent stay or temporary stay conditional on payment of unpaid costs is appropriate remedy - Permanent stay granted - UBS AG v Tyne as Trustee of the Argot Trust (2018) 265 CLR 77, applied - Abdou v Trowsdale [2026] VSC 82, considered.

Tian & Ors v Chen & Ors [2026] VSC 221 (Opens in a new tab/window)

Garde J
01 April 2026
Catchwords

PRACTICE AND PROCEDURE - Freezing and ancillary order - Whether plaintiffs have a good arguable case against first defendant - History of alienation of property by the first defendant in favour of his wife, the third defendant - Good arguable case that the third defendant is acting in accordance with the first defendant's requests and instructions and as the nominee, trustee or agent of the first defendant - No evidence that the third defendant has any relevant qualifications or experience in land development, non-bank financing or acting as the sole director of a corporate trustee - First defendant's continuing powers under the family trust deed - Good arguable case that the non-party may be obliged to disgorge assets or contribute to satisfying a judgment or prospective judgment - Supreme Court (General Civil Procedure) Rules 2025 r 37A.05(b) - Australian Securities and Investments Commission v Carey (No 6) (2006) 153 FCR 509 - Federal Commissioner of Taxation v Vasiliades [2014] FCA 1250 - Keystone Asset Management Ltd v Filippini (No 2) [2025] FCA 1138 - Suzhou Haishun Investment Management Co Ltd v Zhao (No 2) [2018] VSC 176 - Fyfe Mining Pty Ltd v Prosperitas Equity Investments Pty Ltd [2026] VSC 52.

Totoev Pty Ltd v Melbourne Water Corporation [2026] VSC 232 (Opens in a new tab/window)

Craig J
27 April 2026
Catchwords

PRACTICE AND PROCEDURE - Application for leave to file an amended statement of claim pursuant to r 36.04(1)(b) of the Supreme Court (General Civil Procedure) Rules 2025 (Vic) - Principles relevant to an application to amend - Application to amend to include claims of misfeasance in public office and unlawful interference with trade - Where pleading liable to be struck out, leave to amend not to be granted - Application refused.

Leases and tenancies

[2026] VSC 270 (Opens in a new tab/window)

Croft J
08 May 2026
Catchwords

LEASES AND TENANCIES - Retail leases - Fire at Premises - Whether the Retail Leases Act 2003 applies - Ultimate consumer test - Retail Leases Act 2003, ss 4, 89, 94 - IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 - Access Solutions International Pty Ltd v Gamet Pty Ltd [2017] VCC 1563 - Fitzroy Dental Pty Ltd v Metropole Management Pty Ltd [2013] VSC 344 - Cambridge Co-ordinates Pty Ltd v Viking Press Pty Ltd (1992) V ConvR 58-553.

Supreme Court of Victoria Common Law Division

Injunction

VLSB v Guss [2026] VSC 244 (Opens in a new tab/window)

Hannon J
30 April 2026
Catchwords

INJUNCTION - Whether defendant ought to be compelled to provide manager appointed to law practice under Legal Profession Uniform Law with access to law practice email addresses - Where one email account is used for professional and personal purposes - Where manager and staff propose undertakings to keep confidential any emails that do not relate the law practice's affairs or regulated property - Appropriate to compel defendant to provide manager access - Uniform Law ss 336, 362, 447.

Appeal

Ray v Zovi [2026] VSC 258 (Opens in a new tab/window)

Finanzio J
27 April 2026
Catchwords

APPEAL - Residential tenancies - Appeal against VCAT orders for possession following notices to vacate - Where applicant tenant contends possession order is frustrated by subtenants - Where no notice to vacate was served on subtenants - Where Tribunal delivered oral decision and later provided written reasons - Whether Tribunal erred in making possession order against tenant where there are subtenants - Whether Tribunal erred in providing written reasons after date possession order required applicant to give up possession - Residential Tenancies Act 1997 (Vic), ss 91B, 91R, 91ZZB, 91ZZJ, 322, 331, 334, 335.

Corporations

Mishra v NBN Co Ltd [2026] VSC 254 (Opens in a new tab/window)

Watson J
05 May 2026
Catchwords

CORPORATIONS - Whistleblower protections - Claim for relief under Pt 9.4AAA of the Corporations Act (Cth) - First defendant engaged in conduct that was a 'detriment' within meaning of s 1317ADA - Whether the first defendant had the requisite suspicion or belief under s 1317AD(1) - First defendant did not believe or suspect that the plaintiff had or might make a qualifying disclosure under Part 9.4AAA - Plaintiff's claim for compensation under s 1317AE fails - Proceeding dismissed.

Civil procedure

Lam v Leung [2026] VSC 263 (Opens in a new tab/window)

Baker JR
05 May 2026
Catchwords

CIVIL PROCEDURE - Application for particular discovery - Application for non-party discovery - Requirement for grounds for a belief that documents may be or have been in the possession of a party - Requirement for documents to relate to a question in the proceeding - Orders made for majority of categories of documents sought - Language and temporal range of certain categories of documents refined to limit unnecessary generality - Supreme Court (General Civil Procedure) Rules 2025 (Vic) rr 29.08, 29.11, and 32.07.

Employment and industrial law

Labour Hire Licensing Authority v Mountain Harvesting Pty Ltd [2026] VSC 255 (Opens in a new tab/window)

Ierodiaconou AsJ
01 May 2026
Catchwords

EMPLOYMENT AND INDUSTRIAL LAW - Declaratory relief - Pecuniary penalties - Admitted contraventions of civil penalty provisions - Determination of appropriate penalties - Declaratory relief granted - Pecuniary penalties imposed - Labour Hire Licensing Act 2018, ss 13, 14, 93, 95 - Labour Hire Licensing Authority v Cameron Workforce Pty Ltd [2025] VSC 185 - Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 - ACCC v Yellow Page Marketing (No 2) (2011) 195 FCR 1 - Forster v Jododex Pty Ltd (1972) 127 CLR 421 - Australian Building and Construction Commissioner v Pattinson (2022) 399 ALR 599 - Tax Practitioners Board v Van Dyke [2024] GCA 899.

Magistrates' court

Freeman v Magistrates' Court of Victoria [2026] VSC 261 (Opens in a new tab/window)

Ginnane J
05 May 2026
Catchwords

MAGISTRATES' COURT - Criminal law - Drug Division - Drug and Alcohol Treatment Order - Cancellation of order - Appeal on questions of law - Inadequate reasons - Failure to consider options other than imprisonment - Misapplication of statutory provisions - Denial of procedural fairness - Sentencing Act 1991 s 18ZP(1)(c),(d),(e), Criminal Procedure Act 2009 s 272.

Appeals

Estate of Luciana Begolo v John Doherty (trading as J & L Home Maintenance) [2026] VSC 264 (Opens in a new tab/window)

Harris J
07 May 2026
Catchwords

APPEALS - Appeal from Victorian Civil and Administrative Tribunal - Application for leave granted - Relevant material from Tribunal proceedings not put before Court on application for leave - Application in Tribunal dismissed for non-appearance - Application for review also dismissed for non-appearance - Second application lodged in Tribunal - Application dismissed summarily by Tribunal - Whether the second proceeding involved the same claim as the first - Whether abuse of process or vexatious - Procedural fairness - Whether applicant had an opportunity to be heard - Whether Tribunal's very brief reasons sufficient - Appeal dismissed - Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 75, 117, 120, 148(7).

Environmental law

Environment Protection Authority Victoria v Landfill Operations Pty Ltd [2026] VSC 262 (Opens in a new tab/window)

Harris J
07 May 2026
Catchwords

ENVIRONMENTAL LAW - Landfill levy payable on 'waste' deposited on to land on scheduled premises - Defendant licensed under the Environment Protection Act 1970 (Vic) to operate landfill on scheduled premises - Where defendant acquired non-descript crushed rock (NDCR) from a third party quarry adjacent to the landfill premises - NDCR used by landfill operator for 'daily cover' on waste in landfill cells, in accordance with licence condition- landfill operator did not pay landfill levy on the NDCR used for daily cover - Environment Protection Authority determined NDCR was 'waste' and issued invoice for payment of landfill levy for NDCR under Environment Protection Act 1970 (Vic) - Whether NDCR is 'waste' as defined in s 4(1) of the Environment Protection Act 1970 (Vic) and subject to landfill levy - Environment Protection Authority claim for debt due for unpaid landfill levy - Licensed landfill operator's defence that NDCR is not 'waste' - Whether defence involves collateral attack - Whether non-compliance by Environment Protection Authority with procedural requirements of statute with respect to issuing invoice - Environment Protection Act 1970 (Vic), Part IX, Division 3, ss 4(1), 20, 27(2), 50S, 50SB, 50SAB, 50SB, 50V, 50XA - Dasma Environmental Pty Ltd v Environment Protection Authority [2022] VSCA 248.

Administrative law

Draper v VCAT [2026] VSC 234 (Opens in a new tab/window)

Ierodiaconou AsJ
27 April 2026
Catchwords

ADMINISTRATIVE LAW - Judicial review and appeals - Application for firearms licence - Application refused - Application for leave to appeal from decision of Victorian Civil and Administrative Tribunal ('VCAT') - Where VCAT found that conduct demonstrated a lack of self-control - Whether appeal had real prospect of success - Whether utility in appeal - Whether any error material - Whether VCAT erred - Whether breach of procedural fairness - Where appeal had no real prospect of success - Where any error immaterial - Proceeding dismissed - Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148 - Firearms Act 1996 (Vic) s 17.

English v Goulburn Murray Rural Water Corporation [2026] VSC 252 (Opens in a new tab/window)

Moore J
04 May 2026
Catchwords

ADMINISTRATIVE LAW - Judicial review - Plaintiff guilty of criminal charges under ss 63(1) and 289(1)(a) of Water Act 1989 (Vic) - County Court found charges proven - Where plaintiff seeks order in the nature of certiorari quashing orders of the County Court - Whether County Court erred in construction of Water Act 1989 (Vic) s 6A - Whether County Court erred in construction of the Order Declaring Water Systems in Northern Victoria 2007 - Whether County Court failed to consider question of fact in alleged breach of s 63(1) of Water Act 1989 (Vic) - Where plaintiff sought to advance new argument in application for judicial review - No exceptional circumstances to allow new argument and prejudice to defendant - No jurisdictional errors or errors of law established - Water Act 1989 (Vic) ss 6A, 33E, 63, 289(1)(a)(i), sch 15 - Criminal Procedure Act 2009 (Vic) s 72.

Environment Protection Authority v Edwards & Associates Environmental Services Pty Ltd [2026] VSC 247 (Opens in a new tab/window)

Irving AsJ
30 April 2026
Catchwords

ADMINISTRATIVE LAW - Application for judicial review of Tribunal's decision to refuse summary judgment - Where respondent refused permit to use arsenic-contaminated waste to construct a landform - Where respondent applied for merits review at Tribunal - Where respondent sought permit be approved subject to conditions - Whether in substance Tribunal would be reviewing original decision - Whether Tribunal construed decision at correct level of abstraction - Scope of Tribunal's merits review jurisdiction - Appeal allowed - Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 40, 51, 75 - Environment Protection Act 2017 (Vic) ch 4, s 430 - Secretary, Department of Environment, Energy and Climate Action v Hanson Construction Materials Pty Ltd (2023) 71 VR 137 and Addicoat v Fox (No 2) [1979] VR 347 applied.

Practice and procedure

Delymon v Huang (No 2) (Costs ruling) [2026] VSC 222 (Opens in a new tab/window)

Finanzio J
29 April 2026
Catchwords

PRACTICE AND PROCEDURE - Costs orders - Where plaintiff made unsuccessful application for judgment - Where third defendant took no steps in the proceedings for significant period of time - Where third defendant repeatedly failed to follow court directions and orders - Whether third defendant should be ordered to pay indemnity costs - Whether there are exceptional circumstances - Whether there are special or unusual circumstances - Exceptional, and special or unusual circumstances established - Indemnity costs awarded to the plaintiff against the third defendant.

Limitation of actions

Cornwall v Seventh-day Adventist Schools (Victoria) Ltd [2026] VSC 238 (Opens in a new tab/window)

Goulden AsJ
29 April 2026
Catchwords

LIMITATION OF ACTIONS - Limitation of Actions Act 1958 (Vic), ss 27QD and 27QE - Application to set aside prior settlement deed - Whether just and reasonable to set aside prior settlement deed - Whether Ellis defence impacted plaintiff's decision to settle - Whether death of key witness is prejudicial to defendant - Other factors impacting plaintiff's decision to settle - Whether deed should be set aside in whole or in part.

Workers compensation

Campbell v Gullotto [2026] VSC 268 (Opens in a new tab/window)

Goulden AsJ
08 May 2026
Catchwords

STATUTORY INTERPRETATION - Application for the proceeding to be struck out - Proceeding commenced without complying with s 421 of the Workers Compensation and Injury Management Act 2023 (WA) ('Workers Compensation Act') - Workers Compensation Act ss 421(1), 422 - Whether s 422(1) exhaustively defines the circumstances in which a worker 'has a terminal disease' for the purpose of s 422(2) - Whether a report from a medical practitioner who does not specialise in respiratory medicine satisfies the requirements of s 422(1) - Whether a report obtained after the commencement of proceedings satisfies the requirements of s 422(1).

Common law

Bowring v Prince Alfred College [2026] VSC 260 (Opens in a new tab/window)

K Judd J
05 May 2026
Catchwords

COMMON LAW - Cross-vesting legislation - Historical sexual abuse - Application for proceeding to be transferred to the Supreme Court of South Australia - Interests of justice - Impact of transfer on plaintiff's psychiatric health - Valceski v Valceski (2007) 70 NSWLR 36 - Hughes v Whittens Group Pty Ltd [2017] NSWSC 329 - BHP Billiton Ltd v Schultz (2004) 221 CLR 400 - Ewins v BHP Billiton Ltd [2005] VSC 4 - Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic), s 5(2)(b)(iii).

Trusts

Bennett v Pless Nominees Pty Ltd (No 3) [2026] VSC 251 (Opens in a new tab/window)

Harris J
01 May 2026
Catchwords

TRUSTS - Dispute involving several family trusts - Whether appropriate to restrain trustee's use of trust funds in one trust pending the determination of the proceeding.

Land v Prideland Equity Pty Ltd (No 2) [2026] VSC 253 (Opens in a new tab/window)

Hannon J
01 May 2026
Catchwords

TRUSTS - Removal of trustee - Whether current trustee should be removed and a new, independent trustee appointed - Where current trustee has repeatedly failed to furnish trust documents to co-guardian, appointor and beneficiary of trust - Where trustee in breach of order to furnish documents - Court lacks confidence in current trustee to properly administer trust and the interests of the beneficiaries require the removal of the trustee - Trustee removed and new, independent trustees appointed - Trustee Act 1958, ss 48, 51, 52, 58 - Owies v JJ Nominees Pty Ltd [2022] VSCA 142, applied.

Criminal law

Bennett v Markovic [2026] VSC 242 (Opens in a new tab/window)

O'Connell J
30 April 2026
Catchwords

CRIMINAL LAW - Appeal - Appeal on questions of law from Magistrates' Court - Appellant found guilty of intentionally cause injury - Whether magistrate properly applied criminal standard of proof - Whether magistrate failed to direct himself in accordance with Liberato - Whether, in finding guilt, magistrate had merely preferred evidence of complainant to that of appellant - Whether magistrate considered open to acquit appellant even if his account was disbelieved - Appeal allowed - Applicant's case remitted to Magistrates' Court for rehearing.

Supreme Court of Victoria Criminal Division

Bail

Re Donovan [2026] VSC 259 (Opens in a new tab/window)

Piekusis J
05 May 2026
Catchwords

CRIMINAL LAW - Bail - Applicant charged with aggravated burglary - Whether exceptional circumstances exist justifying the grant of bail - Whether unacceptable risk - Exceptional circumstances established - Risk of further offending acceptable by the imposition of conditions - Bail granted - Bail Act 1977 (Vic) ss 3, 3AAA, 4, 4AA(2), 4A, 4D, 4E.

Re QR [2026] VSC 237 (Opens in a new tab/window)

Elliott J
27 April 2026
Catchwords

CRIMINAL LAW - Application for bail - 17 year old child - Aggravated burglary - Arson - Schedule 1 offence - Requirement to show exceptional circumstances - Nature and seriousness of alleged offending - Strength of prosecution case - No criminal history - Personal circumstances - Special vulnerability - Stable accommodation - Family support - Education - Bail support service - Exceptional circumstances established - Applicant not an unacceptable risk - Bail granted - Bail Act 1977 (Vic), ss 1B, 3, 3AAA, 3B, 4AA, 4A, 4D, 4E, 5AAA, 12, Schedule 1, item 3A - Bail Amendment Act 2025 (Vic), s 4 - Children, Youth and Families Act 2005 (Vic), ss 3, 346, 534(1)(a)(ii) - Youth Justice Act 2024 (Vic), s 2.

Criminal law

DPP v Clarke [2026] VSC 235 (Opens in a new tab/window)

Jane Dixon J
27 April 2026
Catchwords

CRIMINAL LAW - Sentence - Murder - Aboriginal offender - Vulnerable victim assaulted in his own home - Plea of guilty - Significant childhood trauma and abuse - Good prospects of rehabilitation - Bugmy and Verdins principles engaged - Sentenced to 21 years' imprisonment with a non-parole period of 15 years - Crimes Act 1958 s 3 - Sentencing Act 1991 ss 5, 5A, 5B, 6AAA, 11, 11A, 18 - Bugmy v The Queen (2013) 249 CLR 571 - R v Verdins (2007) 16 VR 269 - DPP v Herrmann (2021) 290 A Crim R 110 - DPP v Rotumah [2022] VCC 1532 - DPP v Tirris [2022] VCC 1575 - Honeysett v The Queen (2018) 56 VR 375- R v Morgan (2010) 24 VR 230 - R v Gemmill (2004) 8 VR 242 - DPP v Snow [2020] VSCA 67.

DPP v IP [2026] VSC 250 (Opens in a new tab/window)

Incerti J
01 May 2026
Catchwords

CRIMINAL LAW - Sentence - Manslaughter by unlawful and dangerous act - Deliberate driving of car at pedestrian - 17-year-old Aboriginal child - Childhood disadvantage - Diagnoses of ADHD, cPTSD and learning disorder - Reasonably good prospects of rehabilitation - Youth Justice Centre Order - Sentencing Act 1991 (Vic) s 32.

DPP v Sheffield [2026] VSC 267 (Opens in a new tab/window)

Incerti J
07 May 2026
Catchwords

CRIMINAL LAW - Sentence - Murder - Standard sentence offence - Multiple strikes to the head with a hammer - Victim assaulted in his own home - Plea of guilty - Childhood sexual abuse - Significant mental health issues - Schizophrenia - Verdins limb 5 engaged - Verdins limbs 1, 3 and 4 not engaged - No causal link between mental impairment and offending - Limited and dated criminal history - Ill physical health - Age of offender - Good prospects of rehabilitation - Sentenced to 22 years' imprisonment - Non-parole period of 16 years - Sentencing Act 1991 (Vic), ss 3, 5(2G).

DPP v SK (Ruling No 1) [2026] VSC 249 (Opens in a new tab/window)

Tueno JR
10 April 2026
Catchwords

CRIMINAL LAW - Murder - Pre-trial rulings - Question whether Crown should be permitted to lead evidence of a witness via audiovisual link ('AVL') - Applications by three accused to conduct preparatory cross-examination of prosecution witnesses - AVL permitted - 198B applications granted - Criminal Procedure Act 2009, s 198B; Evidence (Miscellaneous Provisions) Act 1958, s 42E.

R v Ludbrook [2026] VSC 265 (Opens in a new tab/window)

Gorton J
07 May 2026
Catchwords

CRIMINAL LAW - Sentence - Murder - Offender stabbed victim multiple times in offender's bedroom - Victim was trying to prevent offender self-harming - Where offender suffers neurological condition and illicitly used 2-fluoro-2-oxo-PCE as analgesic prior to stabbing - Where offender was in drug-induced altered state of consciousness - Plea of not guilty, but trial run on limited basis - Prior good character - Relationship between self-induced intoxication and moral culpability where impaired ability to tell right from wrong - Good prospects of rehabilitation - Greater burden of imprisonment for offender with complex medical needs - Offender remorseful - Standard sentence offence - 19 years imprisonment with non-parole period of 14 years imposed - R v Redenbach (1991) 52 A Crim R 95 - R v Eckersley [2020] VSC 22 - R v Kidd [2024] VSC 458.

County Court of Victoria

Contracts

Cui v Chen & Anor [2026] VCC 507 (Opens in a new tab/window)

Judge Brimer
23 April 2026
Catchwords

CONTRACTS - EQUITY - Money exchange agreement - Exchange of RMB funds for AUD funds - Whether term of money exchange agreement that repayment to be made as soon as possible - Agency - Whether director entered into money exchange agreement as agent for company - Trust property - Whether funds misappropriated - Whether constructive trust arose upon misappropriation of funds - Whether company received trust property - Whether company knew it received trust property - Whether company a volunteer - Breach of trust - Whether company holds money on constructive trust - Tracing - Whether company liable to the plaintiff in the amount of the traceable proceeds - Whether monies had and received - Repayment agreement - Debt acknowledgment document - Construction or interpretation of debt acknowledgement document - Parties to the repayment agreement - whether money exchange agreement was varied by repayment agreement.

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